Appeals Court Rules Machine Guns Not Protected by Second Amendment


The United States Court of Appeals for the Fifth Circuit ruling in June of 2016 found that machine guns dangerous and unusual weapons are not protected under the Second Amendment. The ruling stems from a case in which a Texas man was prevented from converting an AR-15 into a M16. 
The M16 has been widely used by the U.S. military, but is banned for personal use except for pre-1986 models that are obtained legally. The Gun Control Act of 1968 was amended in 1986 to preclude the sale or possession of machine guns by private citizens.
That law was upheld in 2008’s District of Columbia v. Heller, which found that only handgun possession for protection was legally protected by the Second Amendment--not machine guns. Jay Hollis, the Texas man in question, pursued a variety of arguments in order to legally convert his AR-15 into an M16, none of which the Appeals court found convincing. 
Arguments that the Second Amendment should allow for M16s because they are the “quintessential militia-styled arm for the modern day” were dismissed because machine guns are “nothing like what militias might have used at the founding of the republic.”
The ruling’s impact won’t be seen for some time. It can still be contested, but it must be taken to the United States Supreme Court, which may or may not choose hear it. A refusal to hear the case would mean that the Appeals Court ruling stands, which will create a new precedent that could work in the favor of gun control advocates. 
The Supreme Court hasn’t been taking on such cases of late, but that could change in the future. Should the ruling stand, it could create a precedent for future ruling that can be used by gun control advocates to find ways around Congress’s refusal to touch the subject.

Post a Comment

Previous Post Next Post